Trump administration refuses to fully reinstate DACA

The Trump administration announced on Tuesday that it is considering re-trying to end deferred action for the Childhood Arrivals (DACA) program and will not accept new applications from immigrants who hope to regain their protections Do, throwing away the future of hundreds of young immigrants. Children in America as suspected.

The Supreme Court ruled on June 18 that President Donald Trump could not end the program, which allowed nearly 700,000 unauthorized migrants known as “deportees” to work free from fear of deportation to the U.S. More are known without strong arguments. In the weeks following that decision, the administration was silent on whether it would consequently begin accepting new applications for the program, causing confusion among those who have been waiting for years to apply. .

Acting Secretary of Homeland Security Chad Wolf clarified on Tuesday that the administration is reviewing further policy and may proceed with ending the program. In the meantime, it will impose new restrictions on applicants – a move that immigrant advocates say is a gross violation of the Supreme Court’s decision.

This review will examine the legitimacy of the DACA program, which former President Barack Obama created through an executive order in 2012, and its impact on immigration trends, a senior administration official told reporters.

“I have concluded that the DACA policy presents, at the very least, serious policy concerns that may prevent its complete diversion,” Wolf wrote in a policy memo released Tuesday. “At the same time, I have concluded that a complete remodeling of the policy would be an important governance decision that takes additional careful consideration.”

Meanwhile, the administration will reject all new DACA applications and related applications for work permits, as well as halve the period for which renewals will be valid from two years to just one year. It would also reject most new and pending requests for advanced parole, which allows DACA recipients to travel outside the US for humanitarian, education, or employment purposes.

About 66,000 people Been eligible for the program since 2017, when Trump first tried to cancel the program and stopped accepting new applications. They may have missed out earlier, as they did not meet educational requirements or did not join the military.

The decision makes DACA a major immigration issue in the presidential election this fall. It is unlikely that the Trump administration could abolish DACA entirely before the election or before Inauguration Day in 2021. But if Trump wins a second term, the time will be on his side. And even if he leaves the post, the only way, including DREAMers, who have been waiting a long time to apply for DACA, can be assured of their right to remain in the US if Congress Interferes.

According to a recent Politico / Morning Consult, the DACA program is popular among both Republicans and Democrats: even 69 percent of Trump’s voters support protection for DREAMers. vote. But the move suggests that Trump is again resorting to restrictive immigration policies to rally his base.

Former Vice President Joe Biden, the presumptive Democratic nominee, has vowed to reinstate DACA and resume accepting new applications. He will also try to work with Congress to pass permanent protections for the Dramers.

“Make no mistake, a program combined with a rigorous election prevented Trump from ending the program immediately,” Andrea Floers, deputy director of immigration policy for the American Civil Liberties Union, said in a statement. “But this policy memorandum makes his intentions clear: His next step is the complete end of the DACA program to destroy the Dreamers’ lives once again.”

Immigrant advocates say Trump is obliged to accept new DACA applications

Most people who are granted a DACA maintain their status for two years, after which they can apply to renew an additional two-year increment indefinitely. They usually apply when they are in school or after graduating from high school so that they can obtain a work permit and get a job or attend university.

Immigrant advocates have argued that the Trump administration is openly disregarding the Supreme Court ruling and other court orders that have issued rejection notices to those trying to apply for DACA status. (It is accepting renewal.)

Lawyers for DACA recipients challenged Trump’s initial decision to terminate the program in 2017, who recently told a New York federal judge they were concerned that administration officials refused to process new applications Ignoring the “unquestioned judgments and their legal obligations” of the Supreme Court. . And House Democrats Zoe Lofgren and Jerrold Nadler gave Trump a letter claiming that their failure to resume processing of new DACA applications “constitutes illegal authority in the right to segregation of powers.”

A federal judge in Maryland ordered the Trump administration to begin processing new applications on July 17, which found that the Supreme Court’s decision restored the program to its status before Trump attempted to terminate it in September 2017 done.

US District Judge Ryan Grimm did not set any deadline for the administration to comply, but he is proceeding with a hearing that raised the question of whether he should be in contempt of the administration. And in a recent telephonic briefing, he criticized the administration for failing to clarify its policies regarding new DACA applications on time.

“It instills a feeling and a belief that the agency is disregarding binding decisions by the appellate and Supreme Court,” he said. “There is a cost for not making these things clear, and the plaintiff has thus far borne the lion’s share of that cost.”

But a senior administration official said on Tuesday that Grimm’s final say is not that litigation on new DACA applications is pending in other federal courts.

Trump Could Have Saved DACA Without Congress’s Help

Following the Supreme Court’s decision, Trump claimed that he still wanted to end the program and would submit new paperwork supporting that decision. He accused Twitter of taunting the DACA issue, which has been the subject of controversial legislative debate for the better part of a decade.

It is not clear how he intends to end the program. He could have done so without the help of Congress, but he said during a press conference at the White House on Tuesday that he intended to work with Congress on creating a “merit-based system” for immigration. He did not elaborate on what this means next, but he has previously described a system that prioritizes high-income and skilled workers with family ties in the US.

The administration can terminate DACA using the same methodology employed in 2017: the Department of Homeland Security may issue another memorandum. Trump could also issue an executive order ending DACA. Stephen Yale-Lohr, a professor at Cornell Law School, said either method would be challenged and swiftly blocked in federal court. Whether, and how quickly, the administration can defend its policy on appeal remains an open question.

The justices wrote in their opinion that if they wanted their decision to survive in the courts, the administration would have to find out why it decided to partially withdraw the protection for DACA recipients – such as Taking away their right to work but still keeping them out of exile. It is unclear whether the Trump administration is more interested in reducing its security, but nevertheless, it would be disastrous for DREAMers to lose their ability to work in the US.

The administration will also have to find out why the interests of DACA recipients who had relied on the program since 2012 did not ignore the interests of the administration in ending the program. DACA recipients have settled in the US for years – some before they were enough to remember – and have earned degrees and established careers and families here. On the other hand, the Trump administration has expressed concern that DACA may face litigation because it alleges that the program was illegally created through executive action.

Alternatively, the administration may seek to abolish DACA through a regulatory process, which would enforce the termination on strong legal grounds. But the entire process can last months, if not years, to make the necessary drafting to the authorities and issue a proposed rule, commenting to the public and addressing those comments before publishing the final rule.

“Neither option is likely to end the DACA program before the presidential election in November,” Yale-Lohr said. “This makes elections even more important than before. If President Trump won the election, he would have another four years to try to end the DACA program. “

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